Willard Damiso v Minister of Primary and Secondary Education & Anor

JUDGMENT NO. LC/H/87/24

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Case Details

Court

Labour Court

Date

17 January 2024

Citation

JUDGMENT NO. LC/H/87/24

Neutral Citation

[2024] ZWLC 87

Judgment No.

LC/H/87/24

Outcome

unknown

Case Type

Appeal

Bench

Presiding

MAKAMURE J

Full Bench

MAKAMURE J

Areas of Law

Labour LawAdministrative Law

Keywords

misconductimproper associationminorteacherdismissalappealevidencecredibility

Key Issues

{"issue_text":"Whether there was sufficient evidence on a balance of probabilities to sustain a guilty verdict for misconduct involving improper association with a minor child","issue_type":"fact","dispositive":"yes","related_facts":"Minor child's testimony, corroborating evidence, appellant's denial"}
{"issue_text":"Whether the disciplinary authority grossly erred or misdirected itself in finding the appellant guilty","issue_type":"procedural","dispositive":"yes","related_facts":"Evaluation of evidence by disciplinary Committee"}
{"issue_text":"Whether the minor child's evidence was inconsistent and unsafe to rely on without corroboration","issue_type":"fact","dispositive":"yes","related_facts":"Minor child's testimony, corroboration by Y and F"}

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background

Facts of the Case

Background

The appellant, a teacher, was dismissed following allegations of improper association with a minor female student (X). The disciplinary proceedings found him guilty based on evidence from the minor, her sister, and friend. The appellant appealed, claiming insufficient evidence and inconsistencies in the minor's testimony.

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